One of the most serious criminal charges that you can face in North Carolina is statutory rape. If you are charged with a sex crime then your future is in serious jeopardy. If you are convicted, the penalties often include large amounts of prison time, potentially life in prison, and forced registration on the national sex offender’s registry. In addition, the irreparable damage to your reputation, employment, and ability to get housing can be devastating. If you have been charged with statutory rape it is important to speak to a knowledgeable attorney as soon as possible. The criminal defense attorneys at Jetton and Meredith have decades of experience and have represented hundreds of people charged with statutory rape and sex crimes cases in the past. If you have been charged with statutory rape or another kind of sex crime, schedule your free consultation with the criminal defense team at Jetton and Meredith today by calling 704.333.1114.
The Crime of Statutory Rape in North Carolina
North Carolina has several laws that prohibit sexual intercourse with a minor. Each individual crime has a specific set of elements that must be met in order for the government to prove their case against you beyond a reasonable doubt.
First-Degree Statutory Rape N.C.G.S. 14-27.24
You can be charged with First-Degree statutory rape if you had vaginal intercourse with a child who was under the age of 13 at the time of the event, AND you were at least 12 years old as well as at least 4 years older than the victim. If the government proves these things then you will be punished as a class B1 Felony, this means that you must go to prison for at least 144 months and depending on your prior record the judge may sentence you to life in prison without the possibility of parole.
Statutory Rape by an Adult N.C.G.S. 14-27.23
If you are at least 18 years old and you have vaginal intercourse with a child under the age of 13 at the time of the offense you may be charged with Statutory Rape by and Adult under N.C.G.S. 14-27.23. If you are convicted of this crime, the judge will sentence you at a B1 level. However, unlike other B1 felonies, N.C.G.S. 14-27.23(c) gives the judge in your case the ability to depart from the structured sentencing system and impose a longer active sentence if they make a finding about the aggravating factor in the case. This aggravating factor is; that the nature of the offense and the harm inflicted are of such brutality, duration, severity, degree, or scope beyond that normally committed in such crimes, or considered in basic aggravation of these crimes, so as to require a sentence to active punishment in excess of that authorized under the North Carolina Structured Sentencing System. This section does not impose a maximum allowable punishment, this means that the judge could potentially sentence you to life in prison without the possibility of parole.
Statutory Rape of a Child Aged 15 or Younger, When the Defendant is Six Years Older than the Victim N.C.G.S. 14-27.25
If you are over the age of 12 and have vaginal intercourse with a child who is under the age of 15, and you are six years older than the victim you can be charged with Statutory Rape of a Child Aged 15 or Younger. If you are convicted of this crime, the court will punish you at a class B1 felony level, this means that depending on your prior record level the court may sentence you to life in prison without the possibility of parole; it also means that regardless of your prior record you will have to go to prison for at least 144 months.
Statutory Rape of a Child Aged 15 or Younger, When the Defendant is at least Four Years Older than the victim but not more than Six Years Older than the victim N.C.G.S. 14-27.25(b)
If you are over the age of 12 and have vaginal intercourse with a child who is under the age of 15 and you are at least 4 years older than the victim you can be charged with the second level of Statutory Rape of a Child Aged 15 or Younger. If convicted the court will punish you at a class C felony level, this means that regardless of your prior record you will have to go to prison and could face up to 231 months in prison.
Attempt to Commit Any of These Offenses
The attempt to commit any of these crimes is punished as a class B2 felony pursuant to N.C.G.S. 14-2.5, which means that upon conviction of judge may sentence you to no less than 94 months in prison and no more than 484 months in prison.
Frequently Seen Issues and Questions in Statutory Rape Cases in North Carolina
- Consent is not a legal defense – in statutory rape cases the fact that the victim consented to the vaginal intercourse is not a valid defense to the crime. This means that the government does not have to prove force, coercion, or any other means of overcoming consent to prove these crimes.
- Fake ID’s – Currently under the law the fact that you were shown a fake ID that said the victim was older than they were at the time of the incident is not a defense to these kinds of charges.
- Mistake of Age – Another common misconception is where the victim looks older than they are, and whether or not that is a defense to these kinds of charges. Under North Carolina law mistake of age is not a valid legal defense.
- Statute of Limitations – In North Carolina there is no statute of limitations or time limit on the prosecution of felony sex crimes. This means that regardless of the victim’s age now or how long ago the incident took place you may still be charged and prosecuted for these kinds of crimes.
- Ongoing Relationship – If you have been charged with statutory rape it is not a defense that you were and still are in a serious dating or romantic relationship with the victim at the time, so long as you were not married at the time of the intercourse.
- The Victim doesn’t want to prosecute – In North Carolina it does not matter that the victim does not want to press charges or prosecute you for these kinds of crimes. That decision is left solely to the District Attorney who is handling your case to decide. It is not up to the victim, their parents, or anyone related to them to make the decision to prosecute or not.
- Statute is Gender Neutral – a careful reading of the statute will reveal that these crimes are gender neutral, therefore, even if an adult woman has vaginal intercourse with a young boy under the age of 13, she can be charged with these kinds of crimes.
- What if we didn’t have vaginal intercourse – While the lack of vaginal intercourse may be a defense to a charge of statutory rape, there is a separate set of charges known as the sex offense crimes that covers such actions. Find more information about those charges here.
Punishment – Both Inside and Outside the Courtroom
When examining statutory rape cases, the statute in question lays forth the appropriate level of punishment, generally either a class B1 or C felony, and the judge uses the appropriate structured sentencing chart to set your sentence. In some cases, such as statutory rape by an adult, the judge may depart from that system but must make adequate findings of fact to do so. But the active sentence isn’t the only punishment that the judge will hand down upon a conviction. All statutory rape convictions require that you register on the national sex offender registry for a period of no less than 30 years. Being on the national sex offender registry greatly limits the places you are allowed to go and where you are allowed to live. Finally, even after you serve your active sentence the court may, upon proper findings, require you to participate in a satellite-based monitoring program once you are released.
Outside of the sentence the judge hands down there are also very real consequences outside of the courtroom. First, there is irreparable damage to your reputation and the stigma that comes with being a sex offender. Second, there is no expungement for a conviction for any of the statutory rape offenses, this means that the conviction will be on your record forever, unless you receive a pardon. This kind of conviction on your record can greatly affect your employment as well as any future employment opportunities. Finally, if you are leasing a house or apartment, many property management or leasing companies run a criminal background check, a conviction for a statutory rape offense would allow them to deny you housing based on your criminal record.
Contact the Jetton and Meredith Criminal Defense Team for Help Today
If you have been accused of statutory rape or another sex crime in the Greater Charlotte Area, contact the Criminal Defense team at Jetton and Meredith as soon as possible. Statutory rape cases are complex and difficult to defend not only because of the nature of the allegations but also because of the nature of the evidence in such cases. Therefore, it is important to get a knowledgeable and experienced team on your side right away, call 704.333.1114 to set up your free consultation today.